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Opinions June 13, 2019

Indiana Court of Appeals
Bryce A. Burton v. Martin Benner and Indiana State Police
19A-CT-135
Civil tort. Reverses the Benton Circuit Court’s grant of partial summary judgment in favor of Indiana State Police Trooper Martin Benner in Bryce A. Burton’s lawsuit arising from a personal injury motorcycle crash. Finds the trial court erred by finding as a matter of law that Benner was acting within the scope of his employment at the time of the crash. Remands for proceedings.

Neighbors ask for rehearing on Right to Farm Act dispute

Supporters and opponents are mobilizing after the neighbors of an 8,000-hog farm in Hendricks County asked the Indiana Court of Appeals to reconsider its earlier ruling that found their nuisance claim based on the “noxious odors” from the farming operation was barred under Indiana’s Right to Farm Act.

Judgment for trooper in motorcycle crash suit reversed

A motorcyclist injured in a crash after he attempted to evade a head-on collision with an oncoming state police trooper’s vehicle will have his day in court after the Indiana Court of Appeals reversed a trial court ruling for the officer.

Opinions June 12, 2019

Indiana Court of Appeals
Cody A. Stinson v. State of Indiana
18A-CR-2925
Criminal. Affirms Cody Stinson’s conviction of Level 1 felony attempted murder, Level 5 felony battery with a deadly weapon and his adjudication as a habitual offender. Finds the Allen Superior Court did not abuse its discretion in admitting statements under the excited utterance exception to the rule against hearsay. Also finds the trial court did not abuse its discretion when it allowed the state to ask the victim leading questions during direct examination.

New video shows adult cows being abused at Fair Oaks dairy

An animal rights group has released new undercover video showing workers at an Indiana dairy farm abusing adult cows while loading them into a milking carousel that visitors can tour at the popular agritourism destination.

Judge blocks Fort Wayne ‘pay to play’ ordinance

An Allen County judge has enjoined Fort Wayne from enforcing an ordinance designed to curb “pay-to-play” arrangements that allegedly led to city contracts for businesses that contribute to local candidates’ campaigns.

Attempted murder convictions upheld in best friend stabbing

Convictions for a man who attempted to murder his best friend have been upheld after the Indiana Court of Appeals found no abuse of discretion in admitting statements under the excited utterance exception, or when it allowed the state to ask the victim leading questions due to his injuries.

3 Fair Oaks dairy animal cruelty suspects identified

Authorities released the names Tuesday of three former employees of a large northwestern Indiana dairy farm who were charged with animal cruelty after the release of undercover video showing workers kicking and throwing calves.

8/16-17 – Advanced Elder Law 2019 (Nashville)

Date: Friday, August 16 – Saturday, August 17, 2019 Time (local time): 2:00 p.m. – 5:00 pm (Day 1) 9:00 a.m. – 12:00 pm (Day 2) Credit hours: 6.0 CLE Location: Abe Martin Lodge, 547, Nashville 47448 Provider: ICLEF – Indiana Continuing Legal Education Forum Contact Information: ICLEF Phone: (317) 637-9102 www.iclef.org